Implementing the Public Service Employment Act: A New Appointment Framework

Information for Managers

April 2005

The Public Service Commission (PSC) recently approved the new framework for appointments to and within the federal Public Service. It comprises three components: policy, delegation and accountability. A copy of the Appointment Framework can be found on the PSEA Web site.

What does this mean for my organization?

Your organization is using the Appointment Framework to build its own tailored appointment policy. Under the new framework, the authority to make appointments will be delegated to your deputy head, who in turn, can sub-delegate the authority to managers. As a manager with this sub-delegated authority, you can contribute to the implementation of your organization's human resources plan.

What are the benefits?

Your organization will be able to:

• integrate the Employer policies developed by the Public Service Human Resources Management Agency with human resources planning, organizational and business planning and its staffing strategies;
• customize the appointment process to meet the needs of the organization and deliver high quality services to the public;
• conduct its own recruitment; and
• appoint to the executive category.

What about merit?

Under the new definition of merit, everyone who is appointed to the federal Public Service will have to meet essential qualifications. The new definition will also allow managers to take into account:

• qualifications that are considered an asset for the work;
• current or future operational requirements and organizational needs that the manager has identified; and
• current or future needs of the Public Service, as determined by the employer, in deciding on the needs of the organization.

As long as the person selected meets the essential qualifications, the other criteria can be used in many ways to determine whether the candidate is the right fit for the job, based on the specific requirements of the position being filled.

What am I accountable for?

You will be accountable for integrating human resources and business planning in order to continuously improve and build on the human resources capacity of the Public Service to deliver high quality services to Canadians.

As a manager with sub-delegated appointment authority, you will be responsible for knowing and understanding the terms and conditions of your authority. You must also ensure that any appointment process is fair, accessible and transparent and conforms to your organization's established appointment system.

To clarify expectations for good human resources management in the Public Service, the PSC has developed the Staffing Management Accountability Framework (SMAF). Focussed specifically on staffing, the SMAF is one of a continuum of mechanisms that the PSC will use to hold deputy heads accountable for the way they exercise their delegated authorities.

What areas are new?

The diagram on the new internal appointment process outlines the steps in the appointment process. The new areas include:

• Informal Discussion
  
  This is an integral part of the appointment process where a person eliminated from an appointment process is provided with an opportunity to discuss the decision with the manager as soon as possible after the decision is made. This will ensure communication throughout the appointment process, allow the manager to complete the appointment process in a timely fashion, and to make appointments without delay. It will also allow for any errors to be corrected immediately, rather than at the end of the process.
• Notification
  
  Under the new legislation, a new process for notification provides a greater opportunity to deal with issues in internal appointment processes. Candidates are first informed of who is being considered for appointment, and then there is a waiting period that provides an opportunity to resolve any issues. Candidates are then informed of the final decision, which opens the formal recourse stage.
• Corrective Action/Revocation
  
  Under the new legislation, deputy heads will have the authority to take corrective action and revoke internal delegated appointments. This would occur if an investigation reveals an error, an omission or improper conduct in an appointment process.

What support will I receive?

In addition to the support and advice you will receive from the human resources advisors in your organization, the PSC is developing guides and tools for managers and human resources advisors which will be posted on the PSC's new PSEA Web site.

Also, the Canada School of the Public Service is currently developing courses for managers related to the new appointment process.

Frequently Asked Questions

1. How does the new appointment process differ from the old?

The new legislation is less prescriptive and eliminates most of the procedural aspects. This means that Deputy Heads have more flexibility to develop appointment processes that best meet their organization's strategic objectives and human resources plans.

In addition to the enabling nature of the legislation, the most significant difference is the increased emphasis on human resources planning in the appointment process and the new definition of merit. The new process is not only about staffing vacant positions but using human resources planning so that in making appointment-related decisions, managers will be able to plan and select individuals who not only meet the job requirements, but also fit the current and future needs of the organization.

In the new process, understanding the Employer policies developed by the Public Service Human Resources Management Agency, your organization's business and human resources plans, as well as its staffing strategies is absolutely essential. Without this understanding, organizations won't be able to fully capitalize on the opportunity to adapt their appointment processes and make them more efficient.

2. What does the PSEA mean for managers?

Although sub-delegation of appointment authorities is at the discretion of each deputy head, the new legislation encourages deputy heads to sub-delegate these authorities to the lowest level possible.

It is expected that the delegation of these authorities will be given to managers. This means that managers will have greater decision-making authority and clearer accountabilities for their decisions. This will enable human resources professionals to play a more strategic advisory role.

3. How will staffing be different under the new PSEA?

The new PSEA retains the core principles of merit and non-partisanship as being the cornerstones of appointments to and within the federal Public Service. The most significant change in the new PSEA is the way merit is addressed. For the first time, there is a definition of merit in the legislation. The new PSEA does not dictate any rules or procedures; however, there is clear accountability for appointment decisions.

With a new definition of merit, the elimination of an appeal process and the introduction of informal discussion during the appointment process, managers will be better able to appoint the person who is the right fit for the position, in a fair and efficient manner.

4. When will the appointment process change?

Changes to the appointment process will not happen overnight. The PSEA is expected to come into force in December 2005.
To date, there has been considerable work done in finalizing the Appointment Framework in order to reflect the input from the stakeholders and respect the intent of the legislation.

Departments and agencies may now use the Appointment Framework to develop appointment systems tailored to their individual needs. The Appointment Framework can be found at www.psc-cfp.gc.ca/psea-lefp.

5. What will appointments according to merit mean under the new PSEA?

Appointments will continue to be made on the basis of merit and must be free from political influence. The definition of merit requires that everyone who is appointed will have to meet the essential qualifications for the work, including official languages proficiency. The new definition also allows the manager to be able to take into account:

• qualifications that are considered an asset for the work, currently or in the future;
• current or future operational requirements and organizational needs that the manager has identified; and
• current and future needs of the Public Service, as determined by the employer.

6. What is informal discussion?

Informal discussion is a process where the person who has been eliminated from consideration in an internal appointment process is provided with the opportunity to discuss the reason for which he or she has been eliminated with the person who made the decision. It will also allow for any errors to be corrected immediately and resolve issues before formal recourse.

7. As a manager with sub-delegated appointment authority, what will I be accountable for?

As a manager with sub-delegated authority, you will be responsible for knowing the terms and conditions of your authority and your organization's appointment system. In upholding the integrity of the appointment system, all appointment processes must be fair, accessible and transparent.

When exercising sub-delegated authorities, managers will have access to a human resources specialist in their organization whose expertise in the Appointment Framework has been validated by the PSC.

8. What is the status of the current Staffing Manual?

The current Staffing Manual will continue to be in effect until the new legislation comes into force on December 31, 2005. At that time, it will only continue to apply to appointment processes initiated under the current PSEA. The majority of the information in the current manual will no longer apply under the new legislation. Appointment processes initiated under the current Act will continue under the provisions of current Act. Appointment processes started after the new PSEA comes into force must adhere to the new Appointment Framework. Support material for the new Appointment Framework is currently in development.